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The Pitfalls of Imputing Income
Too often, as attorneys in Family Law matters, we are faced with the questions presented when a couple's income does not match the lifestyle they have maintained, and the realization that cash income plays a role in that lifestyle. For example, we recently heard from a client that her husband “often came home from work with wads of cash.”
The issue to be resolved is the incongruity between the apparent lifestyle and the parties' inclusions of expenses on the Statement of Net Worth. A party may attempt to justify his alleged income by omitting various expenditures from his Statement of Net Worth. Frequently, reported income is inconsistent with the parties' bank records, credit card, utility and other payments, as when credit card payments indicated on credit card receipts do not match up with bank statements. Additionally, cash deposits may not be accountable as salary deposits.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.